I am with Maurice.
 
Imagine the outcry if it were suggested police interviewers were allowed to demand / keep copies of tapes for  their own personal records ...

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Maurice Frankel
Sent: 29 June 2011 18:32
To: [log in to unmask]
Subject: Re: [data-protection] Tape recordings during formal meetings?

Strictly on DP grounds, and excluding everything else (including courtesy and the employer's internal rules etc), is Jamie's consent necessary under the DPA before the other party can ask for a recording to be made and for a copy to take away?

Presumably there is going to be quite a lot of Person 1's personal data discussed, but relatively little of Jamie's - just the questions he asks and the way he conducts a formal meeting on behalf of his employer, none of which is likely to involve Jamie's own private life. Is it unfair in DP terms for Person 1 to ask for a recording to made and a copy to be given to him or her, given that this would be done openly and with advance notice, he or she would seem to have a legitimate interest in what is said, Jamie is acting on behalf of the employer and his legitimate interests are unlikely to be greatly affected by a recording of how he chairs a formal meeting?   I don't see how, purely in DP terms, the chair of the meeting is entitled to a veto over taping.   

Obviously the employer gets to keep a copy, but does it automatically follow that Jamie must also be entitled to a permanent personal copy of the whole proceedings (as opposed to just his own contributions) particularly if the meeting were to be discussing Person 1's problems resulting from, say, psychiatric illness or disability?                                            

Maurice Frankel
Campaign for Freedom of Information
www.cfoi.org.uk, http://twitter.com/CampaignFOI



On 29 Jun 2011, at 14:35, Broom, Doreen wrote:

Jamie
(a)          If you give your consent.
(b)          I would ensure  that you stipulate  before the meeting that both parties should be entitled to a copy of the tape as it is your personal information too, otherwise nobody gets a copy.
Regards,

Doreen
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jamie Bateman
Sent: 29 June 2011 13:58
To: [log in to unmask]
Subject: Tape recordings during formal meetings?
I am about to conduct an internal formal meeting. I will be conducting the meeting with a representative of HR.
The person (let’s call them Person 1) who is the subject of the meeting, will be accompanied by their union rep.
Person 1 has requested that the meeting is recorded onto tape and that they are able to take that tape at the end of the meeting.
My questions are – under the DPA:
a)      Is Person 1 entitled to make and keep a recording of the meeting (Person 1 has requested this)?
b)      Am I also allowed to take a copy of the tape at the end of the meeting for my own records (as Person 1 has objected to this)?
Regards
Jamie

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

  • Leaving this list: send leave data-protection to [log in to unmask]
  • Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask]
  • To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask]
  • To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask]

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

**********************************************************************

This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.

The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.

Please be advised that Scottish Borders Council's incoming and outgoing GSX email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.



 

**********************************************************************


 

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

  • Leaving this list: send leave data-protection to [log in to unmask]
  • Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask]
  • To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask]
  • To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask]

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

**********************************************************************

Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of the Council of the City and County of Cardiff shall be understood as neither given nor endorsed by it. All e-mail sent to or from this address will be processed by Cardiff County Councils Corporate E-mail system and may be subject to scrutiny by someone other than the addressee.

**********************************************************************

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

**********************************************************************

--
Scanned by iCritical.


All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)